Confidential
Settlement – $275,000Mediator
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eric Johnson
(medical)
Defendant
Jacob E. Tauber M.D.
(medical)
Facts
On July 13, 1995, the plaintiff, a 44-year-old homemaker, was driving eastbound on the 210 freeway. The defendant was driving a commercial truck, a GMC 7000, while in the course and scope of his employment, eastbound on the 210 freeway in lane No. 4. The defendant made a lane change into the No. 5 lane, striking a second vehicle, which, in turn lost control and veered to the left, striking a third vehicle in the No. 3 lane, which also lost control and veered into the carpool lane, colliding with the plaintiff. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $275,000, following the mediation.
Specials in Evidence
$33,105.60
Injuries
The plaintiff sustained a calcaneal fracture of the left heel, leading to a valgus condition (crushing of the bone secondary to fracture), which resulted in 5 millimeter to 8 millimeter shortening of the heel and required subtalar fusion surgery. The subtalar fusion surgery required a bone graft from plaintiff's pelvic bone. The plaintiff now has a limited range of motion in her left ankle. The plaintiff also sustained soft tissue injuries to her neck and back, and a sprain of her left knee.
Other Information
The settlement was reached approximately two years and six months after the case was filed. A mediation was held before retired judge Vernon Foster of Judicate West resulting with a final demand by plaintiff of $325,000 and a final offer by defendant of $275,000. An arbitration was held before Robert D. Belshaw resulted in a $140,000 award for the plaintiff. The plaintiff requested a trial de novo.
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